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City Bans Tobacco Sales at Stores with Rx

SAN FRANCISCO — The Board of Supervisors here approved a law Tuesday banning tobacco sales at all retail stores containing pharmacies.

The proposal, which passed by a vote of 7-3, closes a loophole in a 2008 ban on tobacco sales in drug stores — a ban that prompted Walgreen to sue, claiming the law unfairly enabled supermarkets and big-box stores with pharmacies to continue selling tobacco products.

A California appeals court ruled in Walgreen's favor in June, prompting supervisors here to revise the law. The ban will affect 60 drug stores, plus 14 supermarkets with pharmacies, nine of which are operated by Safeway.

Mayor Gavin Newsom has already said he will sign the proposal. A second reading will occur next week.